Santhosh S v. the State by
Case brief
What is this about?
Criminal petitioner challenged bail rejection in POCSO and IPC offences. Court rejected bail citing prima facie case via 164 statement and medical records, holding victim's status as minor negated consent.
What did the court decide?
Bail petition rejected; liberty denied.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.1711/2022
BETWEEN:
SANTHOSH S, S/O SHIVANNA AGED ABOUT 21 YEARS, OCC: DRIVER R/O. DOOR NO.16, KEB QUARTERS, HADADI ROAD, DAVANAGERE-577601. … PETITIONER
(BY SRI S.G.RAJENDRA REDDY, ADVOCATE)
AND:
THE STATE BY WOMEN POLICE STATION, DAVANAGERE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560001. … RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.153/2021 REGISTERED BY WOMEN POLICE STATION, DAVANAGERE (S.C.NO.6/2022 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE) FOR THE OFFENCES P/U/S. 17, 6 OF POCSO ACT AND SECTIONS 376, 363, 366(A) R/W 34 OF IPC.
Issues for consideration
2 issues framed by the court
Whether a minor girl's accompaniment with the accused constitutes consent under the POCSO Act.
Whether bail can be granted in a POCSO case where prima facie material exists.
Parties & counsel
- petitioner
SANTHOSH S
- respondent
THE STATE BY WOMEN POLICE STATION, DAVANAGERE
Coram
H.P. SANDESH
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · June
- Registered
- Case no.
- CRL.P/1711/2022
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